EEOC Form 5 (11/09)

Agency(ies) Charge
CHARGE OF DISCRIMINATION Charge Presented To:
No(s):
This form is affected by the Privacy Act of 1974. See enclosed Privacy Act FEPA
Statement and other information before completing this form.
X EEOC 525-2019-01252
NEW YORK STATE DIVISION OF HUMAN RIGHTS and EEOC
State or local Agency, if any
Name (indicate Mr., Ms., Mrs.) Home Phone Year of Birth

MRS. VICTORIA ELSENHEIMER

Street Address City, State and ZIP Code

Named is the Employer, Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Government Agency
That I Believe Discriminated Against Me or Others. (If more than two, list under PARTICULARS below.)
Name No. Employees, Members Phone No.

THE COLLEGE AT BROCKPORT (585) 395-2126

Street Address City, State and ZIP Code

350 NEW CAMPUS DRIVE, BROCKPORT, NY 14420

Name No. Employees, Members Phone No.

Street Address City, State and ZIP Code

DISCRIMINATION BASED ON (Check appropriate box(es).) DATE(S) DISCRIMINATION TOOK PLACE

Earliest Latest

X RACE COLOR SEX RELIGION NATIONAL ORIGIN 11-15-2018 05-29-2019

X RETALIATION AGE DISABILITY GENETIC INFORMATION

OTHER (Specify) CONTINUING ACTION

THE PARTICULARS ARE (If additional paper is needed, attach extra sheet(s)):
I. THE ABOVE RESPONDENT HIRED ME IN NOVEMBER 1998. I INTERVIEWED AND WAS HIRED IN MY
CURRENT ROLE BY THE VICE PRESIDENT OF ADVANCEMENT ON OR ABOUT SEPTEMBER 3, 2003. I AM
CURRENTLY SERVING UNDER THE FOURTH VP SINCE MY HIRE AND REMAIN EMPLOYED IN THIS CAPACITY
TO DATE. ON OR ABOUT MAY 29, 2019, I FOUND OUT THAT THREE OUT OF THE FOUR ADMINISTRATIVE
ASSISTANTS TO THE VICE PRESIDENTS TITLES HAD BEEN CHANGED TO EXECUTIVE ASSISTANT TO THE
VICE PRESIDENT; I WAS THE ONLY ADMINISTRATIVE ASSISTANT WHOSE TITLE DID NOT CHANGE. I AM
THE ONLY AFRICAN AMERICAN FEMALE REPORTING TO A MEMBER OF PRESIDENT'S CABINET, AND THE
ONLY AFRICAN AMERICAN OUT OF 12 ON THE PRESIDENT'S LEADERSHIP TEAM FLOOR. ON OR ABOUT
MAY 29, 2019, I E-MAILED MS. WENDY CRANMER, HUMAN RESOURCE DIRECTOR INQUIRING ABOUT THE
LACK OF TITLE CHANGE. ON OR ABOUT MAY 31, 2019, MS. CRANMER E-MAILED ME ASKING FOR
PERMISSION TO INQUIRE WITH MR. MIKE ANDRIATCH, VP FOR ADVANCEMENT AND STATED SHE WOULD
ASK FOR A RATIONALE. MS. CRANMER MET WITH MR. ANDRIATCH AND MR. JIM WALL, VP FOR
ADMINISTRATION AND FINANCE, ON JUNE 10, 2019. ON THE AFTERNOON OF JUNE 10, 2019, I RECEIVED
AN E-MAIL STATING MY TITLE WOULD BE CHANGED TO EXECUTIVE ASSISTANT EFFECTIVE JUNE 13, 2019.
I want this charge filed with both the EEOC and the State or local Agency, NOTARY – When necessary for State and Local Agency Requirements
if any. I will advise the agencies if I change my address or phone number
and I will cooperate fully with them in the processing of my charge in
accordance with their procedures. I swear or affirm that I have read the above charge and that it
I declare under penalty of perjury that the above is true and correct. is true to the best of my knowledge, information and belief.
SIGNATURE OF COMPLAINANT

Digitally signed by Victoria Elsenheimer on 10-30-2019 SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE
03:26 PM EDT (month, day, year)
EEOC Form 5 (11/09)

Agency(ies) Charge
CHARGE OF DISCRIMINATION Charge Presented To:
No(s):
This form is affected by the Privacy Act of 1974. See enclosed Privacy Act FEPA
Statement and other information before completing this form.
X EEOC 525-2019-01252
NEW YORK STATE DIVISION OF HUMAN RIGHTS and EEOC
State or local Agency, if any
ALTHOUGH REQUESTED, NO RATIONALE WAS GIVEN. UPON ASKING FOR THE RATIONALE, MS. CRANMER
MET WITH CHIEF DIVERSITY OFFICER DR. CEPHAS ARCHIE AND ME ON JUNE 11, 2019. MS. CRANMER
INFORMED US MR. JIM WALL, VP FOR ADMINISTRATION AND FINANCE, HAD BEEN ADVISED TO MAKE
TITLE CHANGES FOR ALL ADMINISTRATIVE ASSISTANTS. ON OR ABOUT JUNE 18, I CONTACTED MS.
JENNIE DURAN, SUNY SYSTEM AFFIRMATIVE ACTION REGARDING MY COMPLAINT OF DISCRIMINATION
AND THE REPORTING STRUCTURE ON CAMPUS IN REGARDS TO FILING A REPORT AGAINST MEMBERS OF
PRESIDENT'S CABINET. ON OR ABOUT JULY 3, I MET WITH TAMMY GOUGER, AFFIRMATIVE ACTION
OFFICER TO DISCUSS THE FACTS OF THE CASE, AS I KNEW THEM, AND MY CONCERNS REGARDING THE
COLLEGE'S REPORTING STRUCTURE WHEN THE COMPLAINT INVOLVED MEMBERS OF CABINET. II. TO MY
KNOWLEDGE, WHEN THE PROVOST'S ADMINISTRATIVE ASSISTANT RETIRED ON OR ABOUT AUGUST 2019
THIS BROUGHT ABOUT THE CHANGE IN A HIGHER TITLE FOR THIS POSITION. PRESIDENT'S CABINET
INQUIRED WITH HR ABOUT THE TITLE CHANGES AND HR CHECKED TITLE AND GAVE THE APPROVAL THAT
THE POSITIONS OF THE ADMINISTRATIVE ASSISTANT TO THE VP POSITIONS COULD BE CHANGED TO
EXECUTIVE ASSISTANT TO THE VP. THE NEW HIRE FOR THE PROVOST OFFICE RECEIVED HER TITLE UPON
HIRE ON OR ABOUT SEPTEMBER 2019. THE OTHER TWO ADMINISTRATIVE ASSISTANTS, ASSISTANT TO
THE VP FOR ENROLLMENT MANAGEMENT AND STUDENT AFFAIRS, AND THE ASSISTANT TO THE VP OR
ADMINISTRATION AND FINANCE RECEIVED THEIR TITLE CHANGE EFFECTIVE NOVEMBER 15, 2018. I
RECEIVED NO COMMUNICATION REGARDING THE TITLE CHANGE NOR WAS I AFFORDED AN
OPPORTUNITY TO DISCUSS THE POSSIBILITY OF MY TITLE BEING CHANGED. ALTHOUGH I WAS GIVEN A
TITLE CHANGE EFFECTIVE JUNE 13, 2019, AFTER I VOICED MY CONCERNS OF DISCRIMINATION, I HAVE
NOT RECEIVED A RESPONSE WHY MY TITLE CHANGE DID NOT CHANGE UNTIL AFTER I VOICED CONCERN.
I HAVE ASKED THE RESPONDENT WHY MEMBERS OF CABINET IGNORED THE ADVISEMENT OF THE HR
PROFESSIONAL. I HAVE ASKED THE RESPONDENT WHY I WAS NOT GIVEN THE SAME OPPORTUNITY AS MY
WHITE COUNTERPARTS TO DISCUSS, OR BE AWARE THERE WAS AN OPPORTUNITY FOR A TITLE CHANGE.
MS. GOUGER STATED IN A MEETING ON MONDAY, SEPTEMBER 9, THAT MR. ANDRIATCH STATED I
ALREADY MADE MORE MONEY THAN THE REST OF THE ADMINISTRATIVE ASSISTANTS. SHE ALSO STATED
THAT I HAVE A SQUEAKY-CLEAN WORK RECORD. MS. GOUGER ALSO STATED THAT LAURIE SMITH, ONE
OF THE EXECUTIVE ASSISTANTS, DURING HER INTERVIEW COMPLAINED THAT I WAS CREATING A
HOSTILE ENVIRONMENT BASED ON A CONVERSATION WE HAD. I SENT AN E-MAIL ON SEPTEMBER 10,
REQUESTING CLARIFICATION OF MY NOTES FROM OUR DISCUSSION. I REQUESTED A SCRIBE AND WAS
DENIED. MS. GOUGER INFORMED ME SHE WOULD SHARE A SUMMARIZATION AFTER OUR MEETING.
AFTER MULTIPLE REQUEST AND A PROMISE THAT I WOULD RECEIVE A RESPONSE TO MY QUESTION
ALONG WITH THE SUMMARIZATION OF THE TWO MEETINGS I STILL HAVE NOT RECEIVED ANYTHING AS
OF THURSDAY, SEPTEMBER 26, 2019.

II. BASED ON THE BEHAVIORS OF INDIVIDUAL AND INSTITUTIONAL RACISM, I BELIEVE I HAVE BEEN
DISCRIMINATED AGAINST BECAUSE OF MY RACE, AFRICAN AMERICAN, IN VIOLATION OF THE TITLE VII OF
THE CIVIL RIGHTS ACT OF 1964, AS AMENDED. THE PROCESS IMPLEMENTED AND THE DECISIONS MADE
BY ALL WHITE CABINET MEMBERS REGARDING THE TITLE CHANGES OF THE ADMINISTRATIVE
ASSISTANTS TO THE VICE PRESIDENTS ON OR ABOUT NOVEMBER 15, 2018, BENEFITTED ALL WHITE
PERSONNEL ONLY. I ALSO BELIEVE MY COMPLAINT HAS CREATED A HOSTILE WORK ENVIRONMENT
RESULTING IN POSSIBLE RETALIATION.

I want this charge filed with both the EEOC and the State or local Agency,
if any. I will advise the agencies if I change my address or phone number
and I will cooperate fully with them in the processing of my charge in
accordance with their procedures.
I declare under penalty of perjury that the above is true and correct.
NOTARY – When necessary for State and Local Agency Requirements
I swear or affirm that I have read the above charge and that it
is true to the best of my knowledge, information and belief.
SIGNATURE OF COMPLAINANT

Digitally signed by Victoria Elsenheimer on 10-30-2019 SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE
03:26 PM EDT (month, day, year)
CP Enclosure with EEOC Form 5 (11/09)

PRIVACY ACT STATEMENT: Under the Privacy Act of 1974, Pub. Law 93-579, authority to
request personal data and its uses are:

1. FORM NUMBER/TITLE/DATE. EEOC Form 5, Charge of Discrimination (11/09).

2. AUTHORITY. 42 U.S.C. 2000e-5(b), 29 U.S.C. 211, 29 U.S.C. 626, 42 U.S.C. 12117, 42 U.S.C.
2000ff-6.

3. PRINCIPAL PURPOSES. The purposes of a charge, taken on this form or otherwise

reduced to writing (whether later recorded on this form or not) are, as applicable
under the EEOC anti-discrimination statutes (EEOC statutes), to preserve private suit
rights under the EEOC statutes, to invoke the EEOC's jurisdiction and, where dual-
filing or referral arrangements exist, to begin state or local proceedings.

4. ROUTINE USES. This form is used to provide facts that may establish the existence
of matters covered by the EEOC statutes (and as applicable, other federal, state or
local laws). Information given will be used by staff to guide its mediation and
investigation efforts and, as applicable, to determine, conciliate and litigate claims of
unlawful discrimination. This form may be presented to or disclosed to other federal,
state or local agencies as appropriate or necessary in carrying out EEOC's functions.
A copy of this charge will ordinarily be sent to the respondent organization against
which the charge is made.

5. WHETHER DISCLOSURE IS MANDATORY; EFFECT OF NOT GIVING INFORMATION. Charges must

be reduced to writing and should identify the charging and responding parties and the
actions or policies complained of. Without a written charge, EEOC will ordinarily not
act on the complaint. Charges under Title VII, the ADA or GINA must be sworn to or
affirmed (either by using this form or by presenting a notarized statement or unsworn
declaration under penalty of perjury); charges under the ADEA should ordinarily be
signed. Charges may be clarified or amplified later by amendment. It is not
mandatory that this form be used to make a charge.

NOTICE OF RIGHT TO REQUEST SUBSTANTIAL WEIGHT REVIEW

Charges filed at a state or local Fair Employment Practices Agency (FEPA) that dual-
files charges with EEOC will ordinarily be handled first by the FEPA. Some charges
filed at EEOC may also be first handled by a FEPA under worksharing agreements.
You will be told which agency will handle your charge. When the FEPA is the first to
handle the charge, it will notify you of its final resolution of the matter. Then, if you
wish EEOC to give Substantial Weight Review to the FEPA's final findings, you must
ask us in writing to do so within 15 days of your receipt of its findings. Otherwise, we
will ordinarily adopt the FEPA's finding and close our file on the charge.

NOTICE OF NON-RETALIATION REQUIREMENTS

Please notify EEOC or the state or local agency where you filed your charge if
retaliation is taken against you or others who oppose discrimination or cooperate in
any investigation or lawsuit concerning this charge. Under Section 704(a) of Title VII,
Section 4(d) of the ADEA, Section 503(a) of the ADA and Section 207(f) of GINA, it is
unlawful for an employer to discriminate against present or former employees or job
applicants, for an employment agency to discriminate against anyone, or for a union
to discriminate against its members or membership applicants, because they have
opposed any practice made unlawful by the statutes, or because they have made a
charge, testified, assisted, or participated in any manner in an investigation,
proceeding, or hearing under the laws. The Equal Pay Act has similar provisions and
Section 503(b) of the ADA prohibits coercion, intimidation, threats or interference with
anyone for exercising or enjoying, or aiding or encouraging others in their exercise or
enjoyment of, rights under the Act.